KRS 17.544: Restrictions on use of social media platform by registrants -- Retroactivity -

- Penalties.

(1) As used in this section, "social media platform":

(a) Means a website or application that is open to the public, allows a user to

create an account, and enables users to do all of the following:

1. Interact socially with other users within the confines of the website or

application;

2. Construct a public or semipublic profile for the purpose of signing into

and using the website or application;

3. Populate a list of other users with whom an individual shares or has the

ability to share a social connection within the website or application;

and

4. Create or post content viewable by others, including on message boards,

chat rooms, video channels, direct or private messages, or chats, or on a

landing page or main feed that presents the user with content generated

by other users; and

(b) Does not include:

1. A broadband internet access service as defined by the Federal

Communications Commission;

2. An electronic mail service;

3. A search engine service;

4. A cloud storage or cloud computing service;

5. An online service, application, or website in which interaction between

users is limited to reviewing products offered for sale by electronic

commerce or commenting on reviews posted by other users; or

6. An online service, application, or website:

a. That consists primarily of information or content that is not user -

generated but is preselected by the provider; and

b. For which any chat, comments, or interactive functionality is

incidental to, directly related to, or dependent upon the provision

of the content described by subdivision a. of this subparagraph.

(2) A registrant who has committed a criminal offense against a victim who is a minor

shall not create or have control of an account on a social media platform unless the

account displays his or her full legal name.

(3) This section shall apply retroactively.

(4) Any person who violates subsection (2) of this section shall be guilty of a Class A

misdemeanor for the first offense, and a Class D felony for a second or subsequent

offense.